United Arab Emirates's Constitution of 1971 with Amendments through 2009
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constituteproject.org
United Arab Emirates's
Constitution of 1971 with
Amendments through 2009
This complete constitution has been generated from excerpts of texts from the repository of the
Comparative Constitutions Project, and distributed on constituteproject.org.constituteproject.org PDF generated: 26 Aug 2021, 16:52
Table of contents
Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
PART I: PRINCIPLES AND OBJECTIVES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
PART II: BASIC SOCIAL AND ECONOMIC PILLARS OF THE UAE . . . . . . . . . . . . 5
PART III: FREEDOMS, RIGHTS AND PUBLIC DUTIES . . . . . . . . . . . . . . . . . . . . . 7
PART IV: THE FEDERAL AUTHORITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
CHAPTER 1: THE FEDERAL SUPREME COUNCIL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
CHAPTER 2: THE PRESIDENT AND VICE PRESIDENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
CHAPTER 3: THE COUNCIL OF MINISTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
CHAPTER 4: THE FEDERAL NATIONAL COUNCIL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
SECTION 2: Rules of Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
SECTION 3: Powers of the FNC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
CHAPTER 5: THE JUDICIARY IN THE UAE AND THE EMIRATES . . . . . . . . . . . . . . . . . . . . . . 20
PART V: FEDERAL LEGISLATION AND DECREES AND THE COMPETENT
AUTHORITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
CHAPTER 1: FEDERAL LAWS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
CHAPTER 2: DECREE LAWS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
CHAPTER 3: ORDINARY DECREES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
PART VI: THE EMIRATES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
PART VII: DISTRIBUTION OF LEGISLATIVE, EXECUTIVE AND
INTERNATIONAL JURISDICTIONS BETWEEN THE UAE AND THE EMIRATES . 27
PART VIII: FINANCIAL AFFAIRS OF THE UAE . . . . . . . . . . . . . . . . . . . . . . . . . 29
PART IX: ARMED FORCES AND SECURITY FORCES . . . . . . . . . . . . . . . . . . . . 31
PART X: FINAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
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• Source of constitutional authority
• God or other deities
Preamble
• Motives for writing constitution
• Preamble
WE, the Rulers of the Emirates of Abu Dhabi, Dubai, Sharjah, Ajman, Um AI Quwain
and Fujairah,
Reflecting our will and the will of the people of our emirates to form themselves into
a Federation to provide a better life and more enduring stability, and enjoy a higher
international standing for the Emirates and all their people;
• International organizations Desiring to create closer links among themselves in the form of an independent
• Regional group(s)
sovereign federal state capable of protecting its existence and the existence of its
members and cooperating with the sister Arab states and with all other friendly
member states of the United Nations Organization and of the community of nations,
in general, on the basis of mutual respect and exchange of interests and benefits;
Desiring also to lay the foundation for federal rule in the coming years on a sound
basis that reflects the reality and the capacity of the Emirates at the present time,
enables the Federation to achieve its objectives, safeguards the identity of its
members in a way consistent with these objectives and, at the same time, prepares
the people of the Federation for a dignified and free constitutional life while going
ahead towards a full-fledged representative democratic regime in an Islamic and
Arab community free of fear and anxiety; and
Realizing that it is our dearest desire and strongest determination to achieve all the
above-mentioned in order to push ahead our country and our people up to take an
appropriate place among the civilized states and nations,
Announce to Allah, the Supreme and Almighty, and to all the people our approval of
the Constitution undersigned by us.
May Allah, the best Protector and Defender, grant us success.
PART I: PRINCIPLES AND OBJECTIVES
• Accession of territory
• Size of first chamber
Article 1
The United Arab Emirates is an independent, sovereign, and federal state
hereinafter referred to as (“the UAE”). The UAE consists of the following Emirates:
Abu Dhabi, Dubai, Sharjah, Ras Al-Khaimah, Ajman, Umm Al-Quwain, and Fujairah.
Any other independent Arab state may, subject to the unanimous approval of the
Federal Supreme Council, join the UAE. When admitting a new member to the UAE,
the Federal Supreme Council determines the number of seats to be allocated to that
member in the Federal National Council (FNC) in excess of the number provided in
Article 68 of the Constitution.
Article 2
In assuming its responsibilities under the provisions of the Constitution, the UAE has
sovereignty over all territory and territorial waters lying within the international
boundaries of the member Emirates.
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Article 3
A member Emirate shall exercise sovereignty over its own territories and territorial
waters in all matters which are not within the jurisdiction of the UAE under the
Constitution.
Article 4
The UAE may not cede its sovereignty or relinquish any part of its territories or
waters.
• National anthem
• National flag
Article 5
The UAE shall have a flag, an emblem and a national anthem. The flag and the
emblem shall be specified by an Act. An emirate shall have its own flag to use it
within its territories.
• Regional group(s) Article 6
The UAE is a part of the greater Arab nation to which the UAE is linked by the ties of
religion, language, history and common destiny.
The people of the UAE are one people, and a part of the Arab nation.
• Official or national languages
• Official religion
Article 7
• Status of religious law
Islam is the official religion of the UAE. The Islamic Shari’a is a main source of
legislation in the UAE. The official language of the UAE is Arabic.
Article 8
• Requirements for birthright citizenship The citizens of the UAE shall have a single nationality specified by law and shall enjoy
• Customary international law
abroad the protection of the Federal Government in accordance with the
generally-accepted international principles.
• Conditions for revoking citizenship A citizen’s nationality may not be divested or withdrawn except as may be provided
in law.
• National capital Article 9
Abu Dhabi City shall be the capital city of the UAE.
Article 10
The objectives of the UAE are as follows:
• Maintain the UAE’s independence and sovereignty.
• Safeguard the UAE’s security and stability.
• Repel any aggression against the UAE’s existence or the existence of its
member states.
• Protect the rights and freedoms of the people of the UAE.
• Establish close co-operation among the emirates for their common interest
to achieve these objectives.
• Promote the prosperity and progress of the emirates in all fields.
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• Provide a better life for all the citizens.
Each member Emirate shall respect the independence and sovereignty of the other
Emirates in their internal affairs as provided in the Constitution.
Article 11
1. The Emirates of the UAE shall form a united entity in terms of economy and
customs. The federal laws shall regulate the appropriate gradual phases to
achieve this unity.
2. The free movement of all capital and goods among the Emirates of the UAE
is guaranteed and may not be restricted except by a federal act.
3. All taxes, duties, dues, and tolls imposed on the movement of goods from
one member emirate to another emirate are hereby repealed.
• International human rights treaties Article 12
The foreign policy of the UAE shall be directed towards supporting the Arab and
Islamic causes and interests and towards establishing closer friendship and
co-operation with all the nations and peoples on the basis of the principles of the
charter of the United Nations Organization and international ideals.
PART II: BASIC SOCIAL AND ECONOMIC
PILLARS OF THE UAE
Article 13
The UAE and the member Emirates shall co-operate, each within the limits of its
responsibilities and abilities, in executing the provisions of this Part.
• Reference to fraternity/solidarity Article 14
Equality, social justice, and providing safety, security, and equal opportunities to all
the citizens are pillars on which the community is grounded. Solidarity and shared
sympathies are close links that tie the Emirates together.
• Right to found a family Article 15
The family is the cornerstone of the community. The fundamental principles on
which the family is based are, religion, ethics and patriotism. The law safeguards the
family’s existence and maintains and protects it from corruption.
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• State support for the elderly
• State support for the unemployed
Article 16
• State support for the disabled
• State support for children
The community shall care for children and mothers, and protect minors and others
who are unable to look after themselves for any reason, such as illness or incapacity
or old age or forced unemployment, assist and rehabilitate them for their own
interest and for the interest of the community. Welfare and social security laws
regulate these matters.
• Compulsory education
• Free education
Article 17
Education is a fundamental factor for the progress of the society. Education is
mandatory in its primary stage and is free of charge at all stages in the UAE. The law
lays down the necessary plans for disseminating and spreading everywhere all levels
of education and for eradicating illiteracy.
Article 18
An individual or organization may establish a private school in accordance with the
provisions of the law provided that the school must be subordinated to the
supervision, and comply with the instructions, of the competent public authorities.
• Right to health care Article 19
The community shall provide all the citizens with medical care and means of
prevention and treatment from diseases and epidemics and shall promote the
establishment of public and private hospitals, clinics, and treatment houses.
• International law
• Right to work
Article 20
The community shall esteem work as a cornerstone of its development. The
community shall provide jobs to the citizens, qualify them for those jobs, and create
the suitable conditions for service by enacting legislation protecting the rights of the
employees and the interests of the employers in the light of the advanced
international labor legislation.
• Protection from expropriation
• Right to own property
Article 21
Private property is protected and the restrictions against it shall be specified by law.
A person may not be deprived of his/her private property except in such
circumstances as may be dictated by the public interest, in accordance with the
provisions of law, and for equitable consideration.
Article 22
Public property is inviolable. Every citizen has the duty of protecting public property.
The law specifies the cases in which violating that duty is punishable.
• Protection of environment
• Ownership of natural resources
Article 23
The natural resources and wealth in each Emirate are deemed the public property of
that Emirate. The community shall preserve and utilize in a good way those
resources and wealth for the interest of the national economy.
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Article 24
• Right to reasonable standard of living The national economy shall be grounded on social justice, shall mainly depend on
faithful cooperation between the public and private activities, and shall seek to
achieve economic development, increase productivity, raise the standards of living,
and achieve prosperity for citizens as provided in law.
The U.A.E. shall encourage co-operation and savings .
PART III: FREEDOMS, RIGHTS AND PUBLIC
DUTIES
• General guarantee of equality
• Equality regardless of social status
Article 25
• Equality regardless of nationality
• Equality regardless of race
• Equality regardless of religion All persons are equal in law. There shall be no distinction among the citizens of the
UAE on the basis of race, nationality, faith or social status.
Article 26
• Regulation of evidence collection Personal liberty is guaranteed to all citizens. A person may not be arrested, searched,
• Protection from unjustified restraint
detained or imprisoned except in accordance with the provisions of the law.
• Prohibition of cruel treatment A person may not be subjected to torture or to degrading treatment.
• Prohibition of torture
• Protection from ex post facto laws Article 27
• Principle of no punishment without law
Crimes and punishments shall be defined by the law. A person may not be punished
for an act or omission committed before the relevant law is promulgated.
• Right to fair trial Article 28
• Presumption of innocence in trials Penalty is personal. An accused is presumed innocent until proved guilty in a legal
and fair trial.
• Right to counsel An accused person has the right to appoint as his/her attorney at law anyone who is
capable to defend him/her in trial.
The law specifies the cases where a counsel for defense must represent an accused
person.
An accused person may not be physically or morally harmed.
• Freedom of movement Article 29
Freedom of movement and residence is guaranteed to the citizens as provided in
law.
• Freedom of expression
• Freedom of opinion/thought/conscience
Article 30
Freedom of opinion and of expressing that opinion verbally, in writing, or by any
other medium of expression is guaranteed as provided in law.
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• Right to privacy
• Telecommunications
Article 31
Freedom of communication by post, telegraph and other means of communication
and the secrecy thereof are guaranteed in accordance with the law.
• Freedom of religion Article 32
Freedom to exercise religious worship is guaranteed in accordance with the
generally-accepted traditions provided that such freedom is consistent with the
public policy or does not violate the public morals.
• Freedom of assembly
• Freedom of association
Article 33
Freedom of assembly and establishing associations is guaranteed as provided in law.
Article 34
• Right to choose occupation A citizen is free to choose his work, profession or trade as provided in law and
subject to the governing legislation.
• Prohibition of slavery A person may not be subjected to forced labor except in such cases as may be
provided in law and provided that such person is compensated for such labor.
• Prohibition of slavery A person may not be enslaved.
Article 35
• Civil service recruitment The door for holding a public office is open to all citizens on the basis of equal
conditions and in accordance with the provisions of the law.
A public office is a national service entrusted to the person who holds that office. A
public servant shall, while performing his/her duties, seek to achieve only the public
interest.
• Right to privacy Article 36
A man’s housing is inviolable. A person may not enter another person’s house
without the permission of those living in that house except in such cases and
conditions as may be provided in the law.
Article 37
A citizen may not be deported or exiled from the UAE.
• Protection of stateless persons
• Extradition procedure
Article 38
A citizen or a political refugee may not be extradited.
Article 39
Public confiscation of property is prohibited. A person’s private property may not be
confiscated except by court judgment and in such cases as may be provided in law.
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• International law Article 40
Foreigners in the UAE enjoy the rights and freedoms stipulated in the applicable
international instruments or in the treaties and conventions to which the UAE is a
party and have to perform the duties which correspond to those rights and
freedoms.
• Right of petition Article 41
A person has the right to file a complaint with a competent authority, including a
judicial entity, against the violation of the rights and freedoms stated in this Part.
• Duty to pay taxes Article 42
A person has the duty to pay such taxes and public levies as may be provided in law.
• Duty to serve in the military Article 43
Defending the UAE is a sacred duty of every citizen and performing military service
is an honor which is regulated by law.
• Duty to obey the constitution Article 44
Respect of the Constitution and the laws and of the orders issued by the public
authorities in execution thereof, compliance with the public order, and respect of
public morality are duties incumbent upon all the people living in the UAE.
PART IV: THE FEDERAL AUTHORITIES
Article 45
The federal authorities consist of the following:
1. The Federal Supreme Council.
2. The UAE President and Vice President.
3. The Federal Council of Ministers.
4. The Federal National Council.
5. The Federal Judiciary.
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• Advisory bodies to the head of state CHAPTER 1: THE FEDERAL SUPREME COUNCIL
• Name/structure of executive(s)
• Subsidiary unit government
Article 46
The Federal Supreme Council is the highest authority in the UAE. The Federal
Supreme Council consists of the Rulers of all the member Emirates of the UAE; In
case of a Ruler’s absence or when it is not possible for a Ruler to attend, the acting
Ruler in the Emirate substitutes the Ruler in the Federal Supreme Council.
An Emirate has a single vote in the deliberations of the Council.
• Head of state powers Article 47
The Federal Supreme Council has the following powers:
1. Draw up the general policy in all the matters vested in the UAE by the
Constitution and consider anything that may achieve the goals of the UAE
and the common interest of the member Emirates.
• Budget bills 2. Sanction the federal laws before they are promulgated including the Annual
General Budget Act and the Closing Account Act.
• Head of state decree power 3. Sanction the decrees relating to the matters which, under the provisions of
the Constitution, must be sanctioned or approved by the Supreme Council
before these decrees are promulgated by the President of the UAE.
• International law 4. Sanction, by decree, the international treaties and conventions.
• Treaty ratification
• Head of government removal 5. Upon a proposal by the President of the UAE, approve the appointment of
• Head of government selection
the Prime Minister of the UAE, accept his resignation, and remove him from
office.
• Supreme court selection 6. Approve the appointment and accept the resignation and, in the cases
• Supreme/ordinary court judge removal
provided in the Constitution, the dismissal of the President and Judges of
the Federal Supreme Court. In all cases, a decree is issued.
7. Exercise high oversight over the UAE’s affairs, in general.
8. Assume such responsibilities as may be provided in the Constitution or in
the federal laws.
Article 48
1. The Supreme Council lays down its by-law including its operating
procedure and the way of voting on its decisions. The Council’s
deliberations are held in camera.
2. The Supreme Council shall establish a General Secretariat staffed by an
adequate number of officers to assist the Council in performing its duties.
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Article 49
The decisions of the Supreme Council on substantive matters are taken by majority
of five of its members provided that Abu Dhabi and Dubai Emirates must be among
the five members. The minority shall abide by the opinion of the majority.
The decisions of the Council on procedural matters are taken by majority vote. The
Council’s by-law specifies these matters.
Article 50
The sessions of the Supreme Council are held in the UAE’s capital city and may be
held in such other place as may be agreed upon in advance.
CHAPTER 2: THE PRESIDENT AND VICE PRESIDENT
• Deputy executive
• Name/structure of executive(s)
Article 51
• Head of state selection
The Federal Supreme Council elects from among its members a President and a Vice
President. The Vice President exercises all the powers of the President in the event
of the President’s absence for any reason.
Article 52
• Head of state term length The term of office of the President and the Vice President is five years according to
the Gregorian calendar and may be re-elected for the same office.
• God or other deities The President and the Vice President takes, on assuming office, the following oath
• Oaths to abide by constitution
before the Supreme Council
• God or other deities “I swear by Allah, the Great, that I shall be faithful to the United Arab Emirates;
• Oaths to abide by constitution
respect its Constitution and laws; protect the interests of the people of the UAE;
discharge my duties honestly and faithfully, and safeguard the independence of the
UAE and its territorial integrity.”
• Head of state replacement Article 53
Where the office of the President or the Vice President falls vacant for death or
resignation, or because any one of them ceases to be the Ruler in his Emirate for any
reason, the Supreme Council is called into session within a month from that date to
elect a successor to the vacant office for the period mentioned in Article 52 hereof.
In the event that the two offices of the President and the Vice President of the
Supreme Council become vacant at the same time, the Council is immediately called
into session by any one of its members or by the Prime Minister of the UAE to elect a
new President and Vice President to fill the two vacant offices.
• Deputy executive
• Head of state powers
Article 54
The President of the UAE has the following powers:
1. Preside over the Supreme Council and direct its discussions.
2. Convene and dismiss the Supreme Council as may be provided in the rules
of procedure specified by the Council in its by-law. The Council must be
convened if a member of the Council so requests.
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3. Call, if necessary, on the Supreme Council and the Council of Ministers to
hold a joint session.
4. Sign and promulgate the federal laws, decrees and decisions sanctioned by
the Supreme Council.
• Cabinet removal 5. Subject to the approval of the Supreme Council, appoint the Prime
• Cabinet selection
• Head of government removal Minister, accept his resignation, and relieve him from office; and, upon the
• Head of government selection
proposal of the Prime Minister of the UAE, appoint the Deputy Prime
Ministers and the ministers, accept their resignation, and relieve them from
office.
• Selection of active-duty commanders 6. Subject to the approval of the Federal Council of Ministers, appoint the
UAE’s diplomatic representatives to foreign states and other civil and
military senior federal officials except for the President and the judges of
the Federal Supreme Court, accept their resignation, and dismiss them.
Such appointment, acceptance of resignation, or dismissal must be done by
decree in accordance with the federal laws.
• Foreign affairs representative 7. Sign the letters of credence of the UAE’s diplomatic representatives to
foreign states and organizations, accept the credentials of diplomatic and
consular representatives of foreign states to the UAE, and receive their
letters of credence; and sign the instruments appointing and accepting the
credence of the representatives.
8. Supervise, through the Federal Council of Ministers and the competent
ministers, the implementation of federal laws, decrees and decisions.
• Foreign affairs representative 9. Represent the UAE internally, before the other states, and in all
international relations.
• Power to pardon 10. Grant pardon, commutate punishment, and approve capital sentences in
accordance with the provisions of the Constitution and federal laws.
11. Confer civil and military decorations and Medals of Honor in accordance
with the relevant laws.
12. Exercise such powers as may be vested in him by the Supreme Council or
provided in the Constitution or federal laws.
CHAPTER 3: THE COUNCIL OF MINISTERS
• Establishment of cabinet/ministers
• Name/structure of executive(s)
Article 55
The Federal Council of Ministers consists of the Prime Minister, his deputies and a
number of ministers.
• Eligibility for cabinet
• Eligibility for head of government
Article 56
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For a person to be a minister that person must be a citizen of the UAE known for his
competence and experience.
• God or other deities
• Oaths to abide by constitution
Article 57
The Prime Minister, his deputies and the ministers shall, before assuming office, take
the following oath before the President of the UAE:
“I swear by Allah, the Great, that I shall be loyal to the United Arab Emirates; respect
its Constitution and laws; discharge my duties faithfully; completely observe the
interests of the people of the UAE, and completely safeguard the existence of the
UAE and its territorial integrity.”
• Powers of cabinet Article 58
The law specifies the powers and responsibilities of the ministers and the powers of
each minister. The first Federal Council of Ministers shall be composed of the
following ministries:
1. Foreign Affairs
2. Interior
3. Defense
4. Finance, Economy and Industry
5. Justice
6. Education
7. Public Health
8. Public Works and Agriculture
• Telecommunications 9. Communications, Post, Telegraph and Telephone
10. Labor and Social Affairs
11. Information
12. Planning
Article 59
• Head of government powers The Prime Minister presides over the meetings of the Council of Ministers, calls the
Council into session, runs its discussions, follows up the activities of the ministers,
and supervises the co-ordination of activities among the ministries and in all the
executive organs of the UAE.
One of the Deputy Prime Ministers shall exercise all the powers of the Prime
Minister in the event of the Prime Minister’s absence for any reason.
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• Powers of cabinet Article 60
The Council of Ministers, being the executive organ of the UAE, manages under the
high oversight of the President of the UAE and the Supreme Council all the federal
internal and foreign affairs as provided in the Constitution and the federal laws.
The Council of Ministers, in particular, exercises the following powers:
1. Follow up the implementation of the general policy of the UAE Government
inside and outside the country.
• Initiation of general legislation 2. Initiate federal bills and submit them to the Federal National Council
before they are sent to the President of the UAE for forwarding them to the
Supreme Council for approval.
• Budget bills 3. Lay down the federal annual general budget and closing account.
• Head of government decree power 4. Prepare draft decrees and different decisions.
5. Issue such regulations as may be necessary for implementing the federal
laws insomuch as these regulations do not amend, put on hold, or except
certain persons from the implementation of these laws; and issue police
regulations and other regulations regulating the public departments and
administrations as provided in the Constitution and the federal laws. A
competent federal minister or any other administrative authority may be
delegated, by special law provision or by the Council of Ministers, to issue
some of these regulations.
6. Supervise, through all the competent authorities in the UAE or in the
Emirates, the implementation of the federal laws, decrees, decisions and
regulations.
• International law 7. Supervise the execution of judgments rendered by the federal courts and
the implementation of international treaties and conventions concluded by
the UAE.
8. Appoint and dismiss federal employees in accordance with the provisions of
the law provided that such appointment and dismissal does not need to be
made by a decree.
9. Oversee the performance of activities in the federal public departments
and administrations and the conduct and discipline of the federal
employees in general.
10. Have such powers as may be vested in the Council of Ministers by law or
determined by the Supreme Council within the limits of the Constitution.
Article 61
The deliberations of the Council of Ministers are held in camera. The decisions of the
Council of Ministers are issued by majority vote of its members. In case of equal vote,
the Prime Minister has a casting vote. The minority shall abide by the opinion of the
majority.
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Article 62
While in office, the Prime Minister, the Deputies of the Prime Minister, or any
Minister of the UAE may not practice any professional, commercial or financial
activity or enter into any commercial transactions with the Government of the UAE
or the Governments of the Emirates or holds, besides his office, more than one
official post in the Government of an Emirate.
Article 63
Members of the Council of Ministers shall seek to serve the interests of the UAE,
enhance the public welfare, avoid completely to make personal benefits, and shall
not exploit their official post in any way to their benefit or to the benefit of anyone
with whom they have special relationship.
Article 64
The Prime Minister, his deputies and the ministers collectively are politically
answerable to the President of the UAE and the Federal Supreme Council for
implementing the internal and foreign general policy of the UAE. Each one of them is
personally answerable to the President of the UAE and the Supreme Council for the
activities of his ministry or office.
• Cabinet removal Where the Prime Minister resigns, is removed from office, or is dead or where his
office falls vacant for any reason whatsoever, the whole Cabinet is deemed resigned.
The President of the UAE may ask the ministers to remain in office temporarily to
manage urgent affairs till the new Cabinet is formed.
• International organizations Article 65
At the beginning of every financial year, the Council of Ministers submits to the
President of the UAE a detailed report on the internal achievements and on the
UAE’s relations with other states and international organizations. The President of
the UAE then submits the report to the Supreme Council. The report also contains
the recommendations of the Cabinet on the best ways to strengthen the foundations
of the UAE, consolidate its security and stability, and achieve its goals and progress
in all fields.
Article 66
1. The Council of Ministers makes its own by-law including its rules of
procedure.
2. The Council of Ministers establishes a general secretariat staffed by a
number of officers to assist the Council in performing its duties.
Article 67
The law determines the salaries of the Prime Minister, his deputies and the other
ministers.
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CHAPTER 4: THE FEDERAL NATIONAL COUNCIL
SECTION 1
• Structure of legislative chamber(s)
• Size of first chamber
Article 68
The Federal National Council (FNC) consists of forty members. The seats of the FNC
are distributed to the member Emirates as follows:
• Abu Dhabi - 8 seats
• Dubai - 8 seats
• Sharjah - 6 seats
• Ras AI Khaimah - 6 seats
• Ajman - 4 seats
• Umm AI Quwain - 4 seats
• Fujairah - 4 seats
• First chamber selection Article 69
An Emirate is free to determine the method of selection of its representatives in the
FNC.
• Eligibility for first chamber Article 70
For a person to be a member of the FNC, that person must:
1. Be a citizen of an Emirate of the UAE, and resides permanently in the
Emirate which that person represents in the FNC.
• Minimum age for first chamber 2. Be, when selected, not less than twenty-five years of age according to
Gregorian calendar.
3. Has civil capacity, is known for good manners and reputation, and has not
previously been convicted of an offence against honor unless he has been
rehabilitated in accordance with the law.
4. Has adequate knowledge of reading and writing.
• Eligibility for cabinet
• Outside professions of legislators
Article 71
A person may not be a member of the FNC and at the same time holds a public office
in the UAE including ministerial portfolios.
• Term length for first chamber Article 72
The term of membership in the FNC is four years, according to the Gregorian
calendar, commencing from the date the FNC holds its first session.
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• God or other deities
• Oaths to abide by constitution
Article 73
Before a member of the FNC assumes office in the FNC or in its committees, that
member shall take the following oath before the FNC in a public session:
“I swear by Allah, the Great, that I shall be loyal to the United Arab Emirates; respect
the Constitution and the laws of the UAE, and discharge my duties in the FNC and its
committees honestly and truthfully.”
• Replacement of legislators Article 74
If, for any reason, a seat of a member of the FNC falls vacant before the end of the
term of his membership, a substitute shall be selected within two months from the
date the vacancy is announced by the FNC, unless the vacancy occurs during the
three months preceding the end of the FNC’s term. The new member completes the
term of membership of his predecessor.
Article 75
The sessions of the FNC are held in the capital city of the UAE. The FNC, by way of
exception, may by decision taken by majority vote of the members and subject to the
approval of the Council of Ministers, hold its sessions in any other place in the UAE.
• Removal of individual legislators Article 76
The FNC shall decide upon the validity of the mandate of its members. It shall also
decide upon disqualifying members, if they lose one of the required conditions, by a
majority of all its members and on the proposal of five among them. The FNC shall be
competent to accept resignation from membership . The resignation shall be
considered as final from the date of its acceptance by FNC
Article 77
A member of the FNC represents the entire people of the UAE and not merely the
Emirate which that member represents in the FNC.
SECTION 2: Rules of Procedure
• Extraordinary legislative sessions
• Length of legislative sessions
Article 78
The FNC meets in an annual regular session for a minimum of seven months,
commencing on the third week of October every year. The FNC may be called into a
special session, if necessary. The FNC may not hear at a special session any matter
other than those for which it has been called into session.
• Extraordinary legislative sessions Article 79
The FNC is called into session and is dismissed by decree issued by the President of
the UAE subject to the approval of the Federal Council of Ministers. A meeting of the
FNC convened without a formal call or in a place other than that specified for its
meetings in the Constitution is deemed invalid and has no effect.
However, if the FNC is not convened for its annual regular session before the third
week of November, the FNC is convened ipso facto on the twenty first of that month.
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Article 80
• Legislative oversight of the executive The President of the UAE inaugurates the regular annual session of the FNC and
delivers a speech addressing the State of the Union, the major events and matters
which happened during the year, and the bills and reforms the Federal Government
intends to make during the new session. The President of the UAE may delegate the
Vice President or the Prime Minister to open the session or to deliver the
inaugurating speech.
• Legislative committees The FNC selects, from among its members, a committee to prepare a draft reply to
the inauguration speech containing the FNC’s remarks and wishes. After the reply is
passed by the FNC, it is then sent to the President of the UAE to be forwarded to the
Supreme Council.
• Legislative committees
• Immunity of legislators
Article 81
A member of the FNC is not accountable for any opinions or views he expresses
while performing his duties in the FNC or in its committees.
• Immunity of legislators Article 82
Except in case of flagrante delicto, no penal procedure may, without permission by
the FNC, be taken against a member of the FNC while the FNC is in session. Where
such procedure is taken while the FNC is in recess, the FNC must be so notified.
• Compensation of legislators Article 83
The FNC’s Speaker and other members are entitled from the date of taking the oath
before the FNC to such remuneration as may be specified by law in addition to travel
expenses from their place of residence to the place where the FNC meets.
• Leader of first chamber Article 84
The FNC shall have a Bureau consisting of a Chairman, First and Second Deputy
Chairman, and two controllers, all of whom are selected by the FNC from among its
members.
The term of office of the Chairman and the Chairman’s deputies expire with the end
of the term of FNC or when it is dissolved, in accordance with the provisions of the
second paragraph of Article 88.
The term of the office of the two Controllers expires with the selection of two new
controllers at the opening of the next regular annual session. Where a post in the
bureau becomes vacant, the FNC selects a substitute to fill that vacancy during the
remaining period.
Article 85
The FNC shall have a General Secretariat headed by a General Secretary. The FNC’s
By-law specifies the General Secretary’s responsibilities. The FNC makes its by-law
and the by-law is issued by decision of the President of the UAE subject to the
approval of the Federal Supreme Council.
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• Public or private sessions Article 86
The sessions of the FNC are held in public. Secret sessions may be held upon the
request of a representative of the Government, the Speaker of the FNC, or one third
of the FNC’s members.
• Quorum for legislative sessions Article 87
A meeting of the FNC is valid only if attended by a majority of its members at least.
The FNC’s resolutions are taken by absolute majority of the votes of the members
present, except in cases where a special majority is required. In case of equal vote,
the chairman of the session has a casting vote.
Article 88
The meetings of the FNC may, by decree issued by the President of the UAE with the
approval of the Federal Council of Ministers, be adjourned for a period not
exceeding one month provided that such adjournment is not repeated in one session
except with the approval of the FNC and for once only. The period of adjournment is
not calculated as part of the term of the regular session.
• Dismissal of the legislature The FNC may be dissolved by decree issued by the President of the UAE with the
approval of the Federal Supreme Council provided that the decree of dissolution
calls on the new FNC to meet within sixty days from the date of the decree of
dissolution. The FNC may not be dissolved again for the same reason.
SECTION 3: Powers of the FNC
• Budget bills
• Approval of general legislation
Article 89
Without prejudice to the provisions of Article 110, federal bills, including financial
bills, are presented to the FNC and, then, sent to the President of the UAE who
forward them for approval to the Supreme Council. The FNC discusses the bills
brought before it and may approve, amend, or reject them.
Article 90
During its regular annual session, the FNC examines the Federal Annual General
Budget Bill and the Closing Account Bill as provided in part eight of the Constitution.
• International law
• International organizations
Article 91
• Treaty ratification
The Government shall notify the FNC of the international treaties and conventions
the Government concludes with other states and the different international
organizations together with the appropriate explanations. The President of the UAE
determines, by decision, the international treaties and conventions that must be
referred to the FNC for consideration before they are approved.
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Article 92
The Federal National Council may discuss any general issue pertaining to the affairs
of the UAE except where the Council of the Ministers notifies the FNC that
discussing that issue is against the UAE’s high interests. The Prime Minister or the
competent minister attends the deliberations. The FNC may make recommendations
and determine the issues that it desires to discuss. If the Council of Ministers does
not approve the recommendations, it shall so notify the FNC of the reasons of
disapproval.
• Legislative oversight of the executive Article 93
The Government of the UAE is represented in the meetings of the Federal National
Council by the Prime Minister or one of his deputies, or at least by a member of the
Federal Government . The Prime Minister, one of his deputies or the competent
minister shall answer questions put to them by any member of the FNC requesting
explanation of any matters within their jurisdiction , in conformity with the
procedures prescribed in the by-law of the FNC .
CHAPTER 5: THE JUDICIARY IN THE UAE AND THE
EMIRATES
• Judicial independence Article 94
Justice is the basis of government. In performing their duties, judges are
independent and are influenced only by the rule of law and their own conscience.
• Structure of the courts Article 95
The UAE has a Federal Supreme Court and federal first instance courts as provided
in the following articles.
• Eligibility for supreme court judges
• Supreme court selection
Article 96
• Number of supreme court judges
• Mandatory retirement age for judges
The Federal Supreme Court consists of the Chief Justice and a maximum of five
judges who are appointed by decree issued by the President of the UAE after the
approval of the Supreme Council. The law specifies the number of the chambers of
the Supreme Court, its regulations, procedures, the conditions of service and
retirement of its members, and the conditions and requirements that they must
meet.
Article 97
The Chief Justice and the judges of the Federal Supreme Court may not be removed
from office while they administer justice. Their tenure of office may not be
terminated except for one of the following reasons:
1. Death.
2. Resignation.
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3. The expiration of the term of the contract of those who are appointed by
contract or the completion of the term of secondment.
4. Reaching the retirement age.
5. Proved disability to perform their duties for health reasons.
• Supreme/ordinary court judge removal 6. Disciplinary dismissal for the reasons, and by the procedures, provided in
law.
7. Assign other posts to them after their consent.
• Oaths to abide by constitution Article 98
Before taking up their office, the Chief Justice and the judges of the Federal Supreme
Court swear before the President of the UAE and in the presence of the UAE
Minister of Justice that they will render justice without fear or prejudice and that
they will be loyal to the Constitution and the laws of the UAE.
• Supreme court powers Article 99
The Federal Supreme Court has the following powers:
1. Decide on different disputes among the member Emirates of the UAE, or
between any one or more Emirates and the federal government in case that
the dispute is remitted to the Court upon the request of any of the
concerned parties.
• Federal review of subnational legislation 2. Consider the constitutionality of a federal law if it is challenged by one or
• Constitutional interpretation
• Constitutionality of legislation more Emirates on the grounds that it is in conflict with the Constitution of
the UAE. The Court also has the power to consider the constitutionality of a
legislation enacted by an Emirate if it is challenged by a federal authority on
the grounds that it is in conflict with the Constitution of the UAE or the
federal laws.
• Constitutional interpretation 3. Consider the constitutionality of laws, legislations and regulations in
• Constitutionality of legislation
general if it is so requested by any court in the country while hearing a
relevant case. The concerned court shall comply with the decision of the
Federal Supreme Court rendered in this connection.
• Constitutional interpretation 4. Interpret the provisions of the Constitution, if it is so requested by any
federal authority or by the Government of any Emirate. Any such
interpretation is binding on everyone.
5. Call into account the ministers and senior officials of the UAE appointed by
decree for their actions while performing their official duties upon the
request of the Supreme Council and in accordance with the relevant law.
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6. Decide on the crimes which directly affect the interests of the UAE, such as
the crimes relating to the UAE’s internal or external security, forgery of the
official records or seals of a federal authority, and counterfeiting of
currency.
7. Hear the cases of conflict of jurisdiction between a federal court and a local
court in an Emirate.
8. Hear the cases of conflict of jurisdiction between a court in an Emirate and
a court in another Emirate. The rules governing these cases are regulated
by a federal law.
9. Any other powers provided in the Constitution or which may be conferred
upon the Federal Supreme Court by a federal law.
Article 100
The Federal Supreme Court sits in the capital city of the UAE. The Court may, by way
of exception, sit when necessary in the capital city of any Emirate.
Article 101
• Judicial precedence A judgment of the Federal Supreme Court is final and binding upon everyone.
• Federal review of subnational legislation If the Court, when considering the constitutionality of a law, legislation or regulation,
• National vs subnational laws
• Constitutionality of legislation holds that a federal legislation is inconsistent with the federal constitution, or that
local legislation or regulation under consideration contains provisions which are
inconsistent with the federal constitution or a federal law, the concerned authority
in the UAE or in the Emirate, as the case may be, shall immediately take the
necessary measures to remove or correct the violation of the Constitution.
• Structure of the courts Article 102
The UAE shall have one or more Federal Court of First Instance which shall sit in the
permanent capital city of the UAE or in certain capital cities of the Emirates. A
Federal Court of First Instance has, within the territory of its jurisdiction, the powers
to hear the following cases:
1. The civil, commercial and administrative disputes between the UAE and an
individual no matter whether the UAE is the plaintiff or the defendant.
2. The crimes committed within the boundaries of the permanent capital city
of the UAE, with the exception of the matters reserved for the Federal
Supreme Court under Article 99 of the Constitution.
3. Personal status cases, civil and commercial cases and other cases between
individuals, which arise in the permanent capital city of the UAE.
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• Right to appeal judicial decisions Article 103
• Ordinary court selection The law regulates all matters related to the Federal Courts of First Instance in
respect of its class, formation, and chambers; venue jurisdiction; the procedures to
be followed before it; the oath to be sworn by its judges and their conditions of
service; and the ways of appeal against its judgments.
The law may provide that a judgment of the Federal Court of First Instance may be
heard before a chamber of the Federal Supreme Court in such cases and in
accordance with such procedures as may be determined by that law.
• Structure of the courts Article 104
The local judicial authorities in each Emirate have jurisdiction in all judicial matters
not assigned to the UAE courts under the Constitution.
Article 105
Any or all of the powers conferred upon a local judicial authority under the preceding
Article may be transferred by federal law enacted upon the request of the Emirate
concerned, to the Federal Courts of First Instance.
• Right to appeal judicial decisions A federal law specifies the cases where a judgment by a local judicial authority in a
criminal, civil, commercial or any other lawsuit may be appealed before a federal
courts. A federal court’s judgment on such appeal is final.
• Attorney general Article 106
There shall be a Federal General Attorney who is appointed by a federal decree
issued with the approval of the Council of Ministers. The Federal Attorney General is
assisted by a number of public prosecutors.
The law regulates the matters relating to the members of the Federal Public
Prosecution Office with respect to the way of their appointment, ranks, promotion,
retirement and the qualifications that they must meet.
The Federal Code of Criminal Procedure regulates the powers and procedures of the
Federal Public Prosecution Office, and the authority conferred upon the law
enforcement and public security officers who assist it in its functions.
• Power to pardon Article 107
The President of the UAE may, upon the proposal of the Federal Minister of Justice
and subject to the approval of a committee formed and chaired by the Minister,
pardon a convicted person from the execution of a sentence delivered by a federal
judicial authority before the sentence is executed or while the punishment is being
served or commute the punishment. The Committee formed for this purpose
consists of six members selected by the Federal Council of Ministers for a renewable
term of three years. The members of the committee are selected from citizens
known for their wise judgment and efficiency.
The membership of the committee is free of charge. The Committee’s deliberations
are held in camera and its decisions are taken by majority vote.
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Article 108
A final death penalty delivered by a federal judicial authority is executed only after
the President of the UAE approves the sentence. The President of the UAE may
substitute a lesser sentence for the death penalty in accordance with the procedures
provided in the preceding Article.
Article 109
A full pardon from a crime or certain crimes is granted only by an Act.
An Act of Pardon remits the penalty and releases the convicted person from the
execution of the entire penalty or from a part of the penalty that has yet to be
served.
PART V: FEDERAL LEGISLATION AND
DECREES AND THE COMPETENT
AUTHORITIES
CHAPTER 1: FEDERAL LAWS
Article 110
1. A federal law is enacted in accordance with the provisions of this Article
and other relevant provisions of the Constitution.
2. A bill becomes an act after the following procedures are taken:
• Initiation of general legislation a. The Council of Ministers prepares the bill and sends it to the Federal
National Council.
b. The Council of Ministers submits the bill for approval to the President
of the UAE who forwards it for sanctioning to the Supreme Council.
c. The President of the UAE signs and promulgates the bill after it is
sanctioned by the Supreme Council.
3.
• Approval of general legislation a. If the Federal National Council introduces an amendment to a bill and
that amendment is unacceptable to the President of the UAE or the
Supreme Council, or if the FNC rejects a bill, the President of the UAE
or the Supreme Council may return it to the FNC. If the FNC
introduces an amendment to the bill which is unacceptable to the
President of the UAE or the Supreme Council, or if the FNC decides to
reject the bill, the President of the UAE may promulgate the bill after it
is sanctioned by the Supreme Council.
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b. The word “bill” in this paragraph means the bill which is submitted to
the President of the UAE by the Council of Ministers including the
amendments, if any, introduced to it by the FNC.
Notwithstanding the foregoing, if in the absence of the FNC, a need
emerges for enacting a federal act, the Federal Council of Ministers may
take the necessary action for promulgating it by the Supreme Council and
the President of the UAE, provided that the FNC must be so notified at its
next meeting.
Article 111
An act is published in the Official Gazette of the UAE within a maximum of two
weeks from the date it is signed and promulgated by the President of the UAE after it
is sanctioned by the Supreme Council. An act is put into operation after one month
from the date it is published in the Official Gazette unless another date is specified in
the act itself.
• Protection from ex post facto laws Article 112
An act applies only from the date it is put into operation and does not apply
regressively. In non-criminal matters, an act may, when necessary, otherwise
provides.
CHAPTER 2: DECREE LAWS
• Emergency provisions
• Head of government decree power
Article 113
• Head of state decree power
If, while the Supreme Council is in recess, a state of urgency emerges which requires
the enactment of a federal act, the President of the UAE together with the Council of
Ministers may promulgate that act in the form of a decree law insofar as that act is
not in conflict with the Constitution.
A decree law must be submitted within a maximum of a week to the Supreme
Council for approval or disapproval. If the decree law is approved, it takes the force
of a law and the Federal National Council is so notified at its next meeting.
If the Supreme Council disapproves the decree law, the decree law ceases to have
the force of law unless the Supreme Council decides to sanction its application in the
preceding period or settles in another way the effects resulting from its application.
CHAPTER 3: ORDINARY DECREES
• Head of government decree power
• Head of state decree power
Article 114
For a decree to be promulgated, it must be approved by the Council of Ministers and
sanctioned by the President of the UAE or the Supreme Council, as the case may be.
A decree is published in the Official Gazette after it is signed by the President of the
UAE.
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• Head of government decree power
• Head of state decree power
Article 115
• International law
The Supreme Council may delegate the President of the UAE together with the
Council of Ministers to promulgate, in the absence of the Supreme Council, an urgent
decree which in the ordinary course of action must have been sanctioned by the
Supreme Council itself provided that the delegation of this power does not include
the ratification of international treaties and conventions, or the declaration or lifting
of martial law, or the declaration of a defensive war, or the appointment of the Chief
Justice or the judges of the Federal Supreme Court.
PART VI: THE EMIRATES
• Subsidiary unit government
Article 116
An Emirate exercises all the powers not conferred by the Constitution upon the
UAE, participates in the UAE’s structure, and benefits from its existence, services
and protection.
Article 117
The regime in an Emirate seeks, in particular, to keep security and order in its
territories, provide public utilities, and raise the social and economic standards in the
Emirate.
Article 118
All the member Emirates of the UAE shall seek to harmonize their legislation in the
different fields to unify that legislation as far as possible.
Two or more Emirates may, subject to the approval of the Supreme Council, gather
together in a political or administrative unit, or unify all or part of their public
services, or establish a single or joint administration to run any such service.
Article 119
A federal law regulates the matters pertaining to the execution of judgments, judicial
delegation, serving legal documents, and the extradition of criminals from an Emirate
of the UAE to another, for the purpose of facilitating these matters.
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